49.151(1m)
(1m) Refusal to participate. A participant who refuses to participate, as determined under guidelines promulgated under s.
49.1515, in any Wisconsin Works employment position component is ineligible to participate in the Wisconsin Works program for 3 months. A participant is also ineligible to participate in the Wisconsin Works program if an individual in the participant's Wisconsin Works group is subject to the work requirement under s.
49.15 (2) and refuses to participate as required. A participant or an individual who is subject to the work requirement under s.
49.15 (2) demonstrates a refusal to participate if any of the following applies:
49.151(1m)(a)
(a) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), fails, without good cause, as determined by the Wisconsin Works agency, to do any of the following:
49.151(1m)(a)2.
2. Appear for an assigned work activity, as defined in
42 USC 607 (d), or for an activity assigned by the Wisconsin Works agency.
49.151(1m)(b)
(b) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin Works agency.
49.151(1m)(c)
(c) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), voluntarily leaves a work experience site without good cause, as determined by the Wisconsin Works agency.
49.151(1m)(d)
(d) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), is discharged from appropriate employment or training for cause.
49.151(1m)(e)
(e) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), is discharged from a work experience site for cause.
49.151(1m)(f)
(f) The participant, or an individual who is in the participant's Wisconsin Works group and who is subject to the work requirement under s.
49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin Works employment position.
49.151(2)
(2) Intentional program violations. 49.151(2)(a)
(a) If the department, a Wisconsin Works agency, or a county department or agency under contract under s.
49.155 (1m) determines that an individual applying for or receiving benefits under s.
49.138 or ss.
49.141 to
49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has committed an intentional program violation related to any provision in s.
49.138 or ss.
49.141 to
49.161 or any rule promulgated under those sections, the Wisconsin Works agency, the county department or agency under contract under s.
49.155 (1m), or the department shall deny benefits under s.
49.138 or ss.
49.141 to
49.161 to the individual as follows:
49.151(2)(a)1.
1. For a first intentional program violation, for 6 months.
49.151(2)(a)2.
2. For a 2nd intentional program violation, for one year.
49.151(2)(a)3.
3. For a 3rd intentional program violation, permanently.
49.151(2)(b)
(b) An individual who is denied benefits under par.
(a) may request a review of the denial following the procedure under s.
49.152 or, if the denial is based upon a violation of s.
49.155, may request a contested case hearing under ch.
227 by filing a request for a hearing with the department within 30 days after the date of the denial.
49.151 Cross-reference
Cross-reference: See also s.
DCF 101.21, Wis. adm. code.
49.1515
49.1515
Determining nonparticipation. 49.1515(1)(1)
Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s.
49.151 (1m) (a),
(b),
(c),
(d),
(e), or
(f) is demonstrating a refusal to participate.
49.1515(4)
(4) Emergency rules prohibited. Notwithstanding s.
227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under s.
227.24.
49.1515 History
History: 2009 a. 28;
2011 a. 32;
2015 a. 55.
49.152
49.152
Review of agency decisions. 49.152(1)(1)
Petition for review. Any individual whose application for any component of Wisconsin Works is not acted upon by the Wisconsin Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s.
49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin Works agency for a review of such action. Review is unavailable if the action by the Wisconsin Works agency occurred more than 45 days prior to submission of the petition for review.
49.152(2)(a)
(a) Upon a timely petition under sub.
(1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
49.152(2)(a)2.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
49.152(2)(b)
(b) The department may review a decision of a Wisconsin works agency under par.
(a) if any of the following occurs:
49.152(2)(b)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.